Under federal, state, and city laws, discrimination–in the workplace, in public accommodations, in life–is not to be tolerated. However, this does not mean it doesn’t happen. The U.S. Equal Employment Opportunity Commission (EEOC) released the total cost of workplace discrimination cases in the United States for 2020– an alarming $439.2 million for victims of workplace discrimination was secured as a result of discriminatory practices at the hands of private sector and government employers.
Employment discrimination isn’t new. It has been plaguing the American workforce for decades. Nearly 60% of American workers have been subjected to discriminatory practices in the workplace. But when you face discrimination at work or in public accommodations, you may wonder, “Who is there to protect me?” Our workplace discrimination attorneys are here for you.
Although workplace discrimination is concerning, it is important to know that help is available. A New York employment discrimination attorney will go the extra mile to ensure you get the justice you deserve. With a seasoned lawyer on your side, you’ll have a better chance to recover damages and secure justice. Not only will they examine your case and suggest viable remedies, but they’ll also ensure you take every step necessary to obtain a favorable verdict.
At Bantle & Levy LLP, we fight for the rights of the everyday employee all the way to C-suite executives who have been wronged and we look forward to fighting for you.
Under the law, employees and job applicants are protected from workplace discrimination based on race, color, religion, sex, sexual orientation, gender identity, age, caregiver status, and national origin. Below, you will find how Bantle & Levy will fight for your rights in the following protected categories.
The federal Age Discrimination in Employment Act (ADEA) works to protect workers 40 years of age or older from age-based employment discrimination. In addition, The Older Workers Benefit Protection Act extends protections to older employees by prohibiting age-targeting lay-offs and using age as a factor in determining the acceptance or denial of employee benefits.
In addition to federal law protecting New Yorkers, state and city laws also offer additional layers of protection against age-based employment discrimination. The New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) prohibit employers from making hiring, firing, or other employment decisions based on age, even if you are under 40 years old.
If you find yourself facing age-based discrimination in your workplace, do not wait to take action. You can always contact a qualified New York employee discrimination lawyer for assistance. A seasoned attorney will use their experience to analyze your case and ensure you get the justice you deserve.
The Americans with Disabilities Act (ADA), protects employees who need accommodations because of their physical or mental disabilities. The New York State Human Rights Law and the New York City Human Rights Law also protect against workplace discrimination based on disability and/or medical impairment.
In addition, pregnancy-related conditions may also qualify for disability accommodations even though these disabilities may only be temporary.
A disability should not get in the way of your career. Employers who discriminate against candidates based on their disabilities can be held liable for their actions with civil litigation. Be sure to contact an employment discrimination attorney at the first sight of workplace disability discrimination.
Familial status discrimination, commonly known as marital and parental status discrimination, is employee discrimination that occurs in the workplace based on whether an employee is married or not, or if they have children or not. Discrimination is not just against those who are married with children but can also occur against those who are single, or any combination.
Discrimination based on family status may include:
These actions are unlawful. Your marital status should not influence any workplace decisions. In case it does, you have every right to recover damages. Consult a seasoned New York employee discrimination lawyer to file a claim against your employer.
Our employee discrimination attorneys are well-versed in gender discrimination and civil litigation, including claims under federal, state, and city law. Potential claims of gender discrimination include:
Title VII and New York’s state and local human rights laws directly prohibit these types of employee discrimination on the basis of gender.
Gender identity discrimination occurs when an employer discriminates against an employee because of their gender identity. The New York City Commission on Human Rights, Local Law No. 3 regulates discrimination which includes that on the basis of gender identity, including but not limited to being transgender, non-binary, or gender non-conforming, as well as gender expression.
Under the law, “gender discrimination can be based on one’s perceived or actual gender identity, which may or may not conform to one’s sex assigned at birth, or based on the ways in which one expresses gender, such as through appearance or communication style.”
Gender identity discrimination can involve a variety of acts including:
Unfortunately, gender identity discrimination happens all too often in American workplaces. A study showed that 46% of LGBTQ employees have to hide their sexual orientation or gender identity in the workplace. But fortunately, you can combat this. Talk to our New York employee discrimination lawyer to pursue civil litigation.
National origin discrimination involves treating people unfavorably because they are from a particular country or part of the world, or because they appear to be of a certain ethnic background, even if they are not.
National origin discrimination need not only occur because of the individual’s actual or perceived national origin but because of the national origin of a person they are married to or associated with.
For example, an employer may not refuse to hire people of Hispanic ethnicity or candidates married to someone of Hispanic ethnicity because of their personal prejudices. Such discrimination is illegal and should not be tolerated. If you have been discriminated against due to your national origin or the ethnicity of your spouse, do not hesitate to contact an employee discrimination attorney with your grievances.
Federal, state, and local laws prohibit racial discrimination in the workplace. Though racial discrimination is often overt, sometimes it can be subtle. Under the law, an employer cannot:
Prohibitions against race discrimination under the law protect against:
There are several laws that protect people from different racial backgrounds. You should consult a qualified New York employee discrimination lawyer to fight for your rights and punish the perpetrators for their actions through civil litigation.
How you worship is a personal matter. However, when your work interferes with your rights and ability to worship and celebrate your practiced religion, it can greatly impact your civil liberties.
Under federal law, employers must provide reasonable accommodations for the sincerely held religious practices of their employees, in addition to refraining from harassment based on religion. So long as such an accommodation would not create an undue hardship for an employer or interfere with a bona fide qualification of the job, accommodation must occur. One example of reasonable accommodation could be rearranging a work schedule.
The bottom line is that employees should be able to practice their faith without hassle, retaliation, or harassment from employees or employers. However, this isn’t always the case. Far too many workers are treated unfairly due to their religious beliefs. But you do not have to take things sitting down. Get in touch with a seasoned religious discrimination attorney.
Sexual orientation discrimination occurs in the workplace when an employee is treated unfavorably because of their actual or perceived sexual orientation or the sexual orientation of a person or a group they are associated with.
While sexual orientation discrimination may be obvious, like being denied a job, it may be based upon an employment policy that was seemingly neutral but actually has disproportionate adverse effects on workers with a specific sexual orientation.
In June of 2020, the United States Supreme Court ruled that, “An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”
Your sexual orientation is a personal choice. If an employer chooses to treat you differently because of your real or perceived sexual orientation, you have every right to fight back. The first thing you should do is talk to a qualified New York employee discrimination lawyer and discuss your queries in detail.
There are three places where you can file an employment discrimination claim in New York:
If you’re living in New York City, you can also file a suit with the New York City Commission on Human Rights (CHR).
If a government agency does not take any action against your employer, you can sue them in court. But before you proceed with your case, talk to a New York employment discrimination lawyer. They will represent your side of the story and do everything in their power to vindicate your rights.
Discrimination and harassment are issues American employees deal with every day. Although they are both illegal, there are certain subtle differences between the two.
The term ‘discrimination’ applies to situations where employers treat people from certain classes unfairly due to their personal biases. On the other hand, harassment involves actions that are targeted towards one person. For example, if a female employee is denied a raise because she is a woman, it qualifies as discrimination. However, if a woman is called derogatory names, it is harassment.
Both discrimination and harassment can take a severe toll on your well-being. Talk to a New York employment discrimination attorney to understand which course of action is right for you.
Workplace discrimination cases in New York can be difficult to prove if you do not have the right attorney in your corner. Here are a few ways a lawyer can help push your case along.
Title VII of the Civil Rights Act of 1964 protects employees and job applicants from employment discrimination based on race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity), and religion.
The Age Discrimination in Employment Act of 1967 (ADEA) protects applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms and conditions of employment.
The Americans with Disabilities Act (ADA) was designed to help people with disabilities access the same opportunities and benefits available to people without disabilities. Employers must provide reasonable accommodations to qualified applicants or employees.
Some attorneys dream about taking their employment discrimination cases all the way to the Supreme Court and winning, trouncing their adversaries and deflating their self-righteous hubris at every step of...
Lee Bantle February 2016
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